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(영문) 서울북부지방법원 2020.09.11 2020노158
정보통신망이용촉진및정보보호등에관한법률위반(명예훼손)
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 80,000.

The above fine shall not be paid by the defendant.

Reasons

1. The summary of the grounds for appeal stated to the effect that the victims were consistent and specifically consistent with the facts charged in the instant case from the investigative agency to the court of the court below, and the Defendant, victims, and I and J, the same as the victims, in the investigative agency and the court of the court of the court below, also made a statement to the same effect as the victims. Although some witnesses in the court of the court below stated to the effect that there was no witness to the effect that “the motive president B and Dong Chang-gu were embezzled and expelled from membership fees. Nevertheless, there was no witness to the effect that B’s statement is not compatible with the statements of the victims.” However, considering the fact that the above witness’s statement is not impossible to be compatible with the statements of the victims, there was an error of law of mistake in the judgment of the court below which acquitted the Defendant.

2. Prior to the judgment on the grounds for appeal by the prosecutor ex officio, the prosecutor examined the case in question, and the part of the facts charged in the instant case, which stated that “the Defendant had damaged the honor of victims by openly revealing false facts through an information and communications network.” The Defendant applied for changes to the honor of victims by disclosing openly false facts through an information and communications network for the purpose of slandering people.” Since the subject of the judgment was changed by this court’s permission, the judgment of the court below was no longer maintained.

However, despite the above reasons for ex officio destruction, the prosecutor's assertion of misunderstanding of facts is still subject to the judgment of this court within the scope related to the revised facts charged of this case, and the prosecutor's assertion of misunderstanding of facts

3. Determination on the grounds for appeal

A. The lower court, on the grounds indicated in its reasoning, acquitted the instant facts charged.

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